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European Union law / Margot Horspool.

By: Horspool, Margot.
Material type: materialTypeLabelBookSeries: Butterworths core text series.Publisher: London : Butterworths, 1998Description: lxi, 422 p. ; 22 cm. + pbk.ISBN: 0406893012 .Subject(s): European Union countries -- Law and legislationDDC classification: 341.2422
Contents:
Introduction -- The constitutional base of the union -- The institutions of the community -- The community legal system -- The jurisdiction of the court of justice -- General principles of law -- Direct effect of community law -- Supremacy of community law -- Remedies in community law -- Enforcement of community law by the institutions -- Judicial review of community action -- Free movement of goods: (I) the abolition of customs duties and internal taxation -- Free movement of goods: (II) quantitative restrictions and measures having equivalent effect -- Competition policy -- Intellectual property -- Free movement of persons: (I) workers' rights -- Free movement of persons: (II) freedom of establishment and the freedom to provide and receive services -- Free movement of persons: (III) towards a people's Europe? -- Sex discrimination.
Holdings
Item type Current library Call number Copy number Status Barcode
General lending MTU Bishopstown Library Lending 341.2422 (Browse shelf(Opens below)) 1 Available 00075798
General lending MTU Bishopstown Library Lending 341.2422 (Browse shelf(Opens below)) 1 Available 00075799
Total holds: 0

Enhanced descriptions from Syndetics:

European Union Law is an introductory text to EU Law, providing a clear understanding of the current law of the European Union and the fundamental priciples that support it. It is becoming increasingly difficult for law students and practitioners to manage without at least a working knowledge of EU Law and, due to the intricate nature of legislation affecting the European Union, this area of law is often not readily accessible to those seeking to gain such an understanding. This text deals with this problem in a comprehensive and informative way, covering a wide range of topics, from the origins of the EU to the more recent treaties which make up and define the European Union's legal system.

Includes bibliographical references and index.

Introduction -- The constitutional base of the union -- The institutions of the community -- The community legal system -- The jurisdiction of the court of justice -- General principles of law -- Direct effect of community law -- Supremacy of community law -- Remedies in community law -- Enforcement of community law by the institutions -- Judicial review of community action -- Free movement of goods: (I) the abolition of customs duties and internal taxation -- Free movement of goods: (II) quantitative restrictions and measures having equivalent effect -- Competition policy -- Intellectual property -- Free movement of persons: (I) workers' rights -- Free movement of persons: (II) freedom of establishment and the freedom to provide and receive services -- Free movement of persons: (III) towards a people's Europe? -- Sex discrimination.

Table of contents provided by Syndetics

  • Preface (p. xi)
  • Abbreviations (p. xxv)
  • Table of Statutes (p. xxvii)
  • Table of European Legislation (p. xxix)
  • Table of Cases (p. xli)
  • 1 Introduction (p. 1)
  • Further Reading (p. 9)
  • 2 The constitutional base of the Union (p. 11)
  • The period up to the Single European Act (SEA) 1986 (p. 13)
  • The Single European Act (SEA) 1986 (p. 14)
  • The Treaty on European Union (the Maastricht Treaty) 1993 (p. 16)
  • The Treaty of Amsterdam 1997 (p. 17)
  • The Nice Treaty (p. 18)
  • Structure and content of the Treaties (p. 19)
  • Further Reading (p. 32)
  • Self-Test Questions (p. 32)
  • 3 The institutions of the Community (p. 35)
  • Introduction (p. 35)
  • The Council of the European Union (p. 38)
  • Organisation (p. 39)
  • Voting procedures (p. 41)
  • The Luxembourg Accords and the 'Ioannina Compromise' (p. 43)
  • The Commission (p. 46)
  • The European Parliament (EP) (p. 54)
  • The European Court of Justice (ECJ) and the Court of First Instance (CFI) (p. 59)
  • The European Council (p. 60)
  • The Court of Auditors (p. 61)
  • The Economic and Social Committee (ECOSOC) (p. 62)
  • Committee of the Regions (COR) (p. 63)
  • The European Investment Bank (p. 64)
  • The European Central Bank (p. 64)
  • The Draft Constitutional Treaty (p. 64)
  • Further Reading (p. 66)
  • Self-Test Questions (p. 67)
  • 4 The Community legal system (p. 69)
  • Primary legislation (p. 70)
  • Secondary Community legislation (p. 76)
  • Legislative procedures (p. 82)
  • Decision-making procedure of the Commission (p. 82)
  • The consultation procedure (p. 85)
  • The co-operation procedure (Article 252 (ex Article 189c) EC) (p. 86)
  • The co-decision procedure (Article 251 (ex Article 189b) EC) (p. 87)
  • The assent procedure (p. 89)
  • The budgetary procedure (p. 89)
  • Changes made by the Amsterdam Treaty (p. 90)
  • Legislative powers (p. 91)
  • The problem of the legal base (p. 94)
  • Exclusive and concurrent powers and the doctrine of pre-emption (p. 95)
  • Subsidiarity and proportionality as a limit on Community powers (p. 96)
  • Further Reading (p. 98)
  • Self-Test Questions (p. 99)
  • 5 The European Courts: composition, functions, jurisdiction; preliminary rulings (p. 101)
  • The European Court of Justice (ECJ) (p. 102)
  • Jurisdiction of the ECJ (p. 103)
  • The Court of First Instance (CFI) (p. 106)
  • Judicial panels (p. 107)
  • Other changes made by the Amsterdam and Nice Treaties (p. 107)
  • Preliminary rulings (p. 109)
  • Jurisdiction of national courts (p. 112)
  • Discretionary and mandatory references (p. 114)
  • When should a national court refer? (p. 115)
  • Should national courts always make a reference? (p. 116)
  • Interim measures (p. 120)
  • Effects of preliminary rulings (p. 120)
  • The future of preliminary rulings (p. 121)
  • Further Reading (p. 124)
  • Self-Test Questions (p. 125)
  • 6 General principles of law (p. 127)
  • Introductory comments on the idea of general principles (p. 128)
  • Human rights protection as a general principle of Community law (p. 132)
  • Principles of administrative justice and good governance (p. 142)
  • Some overarching principles of the Community legal order (p. 149)
  • Further Reading (p. 155)
  • Self-Test Questions (p. 155)
  • 7 Direct effect of Community law (p. 157)
  • Direct applicability and direct effect (p. 157)
  • Direct effect of Treaty articles (p. 158)
  • Direct effect of international agreements (p. 160)
  • Direct effect of Directives (p. 161)
  • Horizontal and vertical direct effect (p. 164)
  • Other means of giving maximum effect to Community law (p. 166)
  • Further Reading (p. 169)
  • Self-Test Questions (p. 170)
  • 8 Supremacy of Community law (p. 171)
  • The doctrine of supremacy (p. 171)
  • Community law in the United Kingdom (p. 176)
  • Scheme of European Communities Act 1972 (p. 177)
  • The relationship between supremacy and sovereignty (p. 180)
  • Community law in other Member States (p. 186)
  • Further Reading (p. 196)
  • Self-Test Questions (p. 196)
  • 9 Remedies in Community law (p. 199)
  • Introduction (p. 199)
  • The principle of effective remedies (p. 202)
  • The principle of equivalence (p. 203)
  • Procedure (p. 204)
  • The creation of a uniform Community remedy (p. 208)
  • Application of these principles in the United Kingdom (p. 217)
  • Interim measures as a remedy (p. 218)
  • Further Reading (p. 220)
  • Self-Test Questions (p. 220)
  • 10 Enforcement of Community law by the institutions (p. 221)
  • Article 226 (ex Article 169) EC (p. 221)
  • Consequences of the judicial phase: Article 228 EC (p. 236)
  • Commission discretion (p. 238)
  • Article 227 (ex Article 170) EC (p. 240)
  • Further Reading (p. 241)
  • Self-Test Questions (p. 242)
  • 11 Judicial review of community action (p. 243)
  • Article 230 (ex Article 173) EC (p. 243)
  • Reviewable acts (p. 244)
  • Locus standi (p. 248)
  • Article 230 and Article 234 (ex Article 177) EC (p. 267)
  • Article 232 (ex Article 175) EC (p. 269)
  • The plea of illegality under Article 241 (ex Article 184) EC (p. 272)
  • Contractual and tortious liability of the Community (p. 273)
  • Further Reading (p. 281)
  • Self-Test Questions (p. 282)
  • 12 Free movement of goods (I): the abolition of customs duties and internal taxation (p. 283)
  • Introduction (p. 283)
  • The Customs Union: common customs tariff (Articles 26 and 27 (ex Articles 18-29) EC) (p. 284)
  • Free movement of goods provisions in the Treaty (p. 285)
  • Customs duties (p. 286)
  • Charges having equivalent effect to a customs duty (p. 287)
  • Charges falling within the scope of internal taxation (p. 292)
  • Further Reading (p. 302)
  • Self-Test Questions (p. 302)
  • 13 Free movement of goods (II): quantitative restrictions and measures having equivalent effect (p. 305)
  • Prohibition of quantitative restrictions and measures having equivalent effect (p. 305)
  • Distinctly applicable MEQRs (p. 309)
  • Indistinctly applicable MEQRs (p. 310)
  • Derogations under Article 30 (ex Article 36) EC (p. 312)
  • Confining Dassonville: developing the rule of reason (p. 319)
  • Principles of mutual recognition and equivalence (p. 324)
  • Keck and certain selling arrangements (p. 329)
  • Quantitative restrictions under Article 29 EC (p. 339)
  • Further Reading (p. 342)
  • Self-Test Questions (p. 343)
  • 14 Competition policy (p. 345)
  • Introduction (p. 345)
  • Article 81 EC: the general structure (p. 346)
  • Article 81 EC: conclusion between undertakings (p. 347)
  • The de minimis principle (p. 352)
  • Conditions for exemption (p. 353)
  • Negative clearance and comfort letters (p. 354)
  • Modernisation of EC competition law (p. 355)
  • Block exemptions (p. 359)
  • Article 82 EC: abuse of a dominant position (p. 362)
  • The meaning of abuse (p. 366)
  • Application and enforcement of EC competition law (p. 370)
  • Merger control (p. 377)
  • National competition law (p. 382)
  • Further Reading (p. 383)
  • Self-Test Questions (p. 384)
  • 15 Environmental law and policy (p. 385)
  • The role of European environmental law and policy (p. 385)
  • The historical development of European Union environmental policy (p. 386)
  • The legal basis of European environmental law (p. 388)
  • Environmental law principles (p. 390)
  • Action programmes in the development of European environmental policy (p. 393)
  • Free movement of goods and the environment (p. 398)
  • Substantive EC environmental law (p. 399)
  • Environmental liability (p. 399)
  • Further Reading (p. 404)
  • Self-Test Questions (p. 404)
  • 16 Free movement of persons (I): workers' rights (p. 405)
  • Introduction (p. 405)
  • Free movement of workers (p. 407)
  • Independent rights (p. 412)
  • Rights for workers' families (p. 415)
  • Further Reading (p. 422)
  • Self-Test Questions (p. 423)
  • 17 Free movement of persons (II): freedom of establishment and the freedom to provide and receive services (p. 425)
  • Introduction (p. 425)
  • Freedom of establishment (p. 429)
  • Freedom to provide services (p. 438)
  • Freedom to receive services (p. 444)
  • Major legislative proposal in the field of services and establishment (p. 450)
  • Further Reading (p. 451)
  • Self-Test Questions (p. 452)
  • 18 Free movement of persons (III): towards a people's Europe? (p. 453)
  • Exceptions (p. 453)
  • Limitations on grounds of public policy, public security, public health (p. 454)
  • A wholly internal situation (p. 459)
  • The public service exception (p. 460)
  • Free movement in the field of professional sport (p. 463)
  • Free movement and lawyers (p. 468)
  • Equal treatment in education (p. 477)
  • Citizenship of the European Union (p. 483)
  • Further Reading (p. 493)
  • Self-Test Questions (p. 493)
  • 19 Discrimination law: from sex discrimination in employment to a general equality principle (p. 495)
  • Introduction (p. 495)
  • Article 141 EC and Treaty changes relevant to sex equality (p. 499)
  • The meaning of 'pay' in Article 141 EC (p. 500)
  • Does Article 141 EC have direct effect? (p. 506)
  • Temporal effect of Article 141 EC (p. 507)
  • Secondary legislation (p. 507)
  • Time limits and the secondary legislation (p. 516)
  • Burden of proof (p. 517)
  • Direct and indirect discrimination and justification (p. 518)
  • Further Reading (p. 526)
  • Self-Test Questions (p. 527)
  • Appendix (p. 529)
  • Index (p. 545)

Author notes provided by Syndetics

Margot Horspool is Emeritus Professor of European and Comparative Law, University of Surrey, and Professorial Fellow at the British Institute of International and Comparative Law, London
Matthew Humphreys is also currently a Professor at the University of Notre Dame on the London Law Programme